LYNN, Mass.(AP)— A high-ranking state trooper who fled from Saugus police and had empty beer bottles in his car and alcohol on his breath when he was stopped in November will have all charges dismissed if he stays out of trouble for six months.

State Police Capt. Thomas McCarthy admitted to facts sufficient for a guilty finding to negligent driving and failure to stop charges Monday and a judge continued the case without a finding for six months.

Prosecutors asked for a guilty finding.

Drunken driving charges were dismissed in January because police had not conducted field sobriety tests.

McCarthy’s lawyer said his client was treated the same way as any ordinary citizen facing similar accusations. McCarthy, shift commander for Troop C in Holden, was off duty when stopped in November.

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SAUGUS, Mass.-- A state police officer has been charged with failing to stop for police trying to pull him over last weekend, and faces additional departmental discipline.

A state police spokesman says Capt. Thomas McCarthy, the evening shift commander for Troop C based in Holden, was arrested Saturday night after Saugus police responded to a woman's home in town when an alarm had gone off. Authorities say the 47-year-old McCarthy left that woman's home in an unmarked state police cruiser and was pulled over several minutes later for a marked lanes violation. McCarthy then allegedly drove away. He stopped again later.

When asked if she had a relationship with McCarthy, the woman whose house he had left on Saturday night replied, "None of your business, how's that?"

McCarthy is married and lives in Stoneham.

7News learned that McCarthy had called in sick for his night shift on the day of the incident.

Police say they followed McCarthy's cruiser, observed him weaving in and out of lanes, and then pulled him over on Main Street, near Summer Street.

According to a police report, a Saugus officer activated his blue lights when he pulled up on McCarthy's police cruiser, and found that McCarthy's lights went on as well.

The police report goes on to say that McCarthy said, "You've got to be kidding me. I'm out of here," when the Saugus officer asked him to step out of the vehicle. Following that exchange, a low-speed chase ensued down Route 1 southbound, where McCarthy finally pulled over by Sears at the Square One Mall. The report says the Saugus officer smelled alcohol on McCarthy's breath, observed three cans of beer in the cruiser, and then had to forcefully take McCarthy to the ground in order to handcuff him. However, there is no mention of a field sobriety test, a request for a breathalizer, or an OUI charge.

McCarthy was not at Tuesday’s hearing because he was reportedly in Florida for treatment. A judge granted a continuance to postpone the arraignment.

McCarthy’s lawyer, Daniel O’Malley, said he did not have any information on whether McCarthy was drinking or intoxicated when he was pulled over.

“I don’t have the...information because he hasn’t been arraigned yet so I haven’t been given the discovery,” said O’Malley.“I have [spoken to my client]. My client is not available today.” He also said that McCarthy is not getting special treatment because he is a police officer.

Saugus police would not comment on whether they considered filing OUI charges.

"This is an individual who made a conscious decision not to show up when he should be there. He shouldn't be treated any differently than anyone else and I believe that the court system will do diligence when it comes to Captain McCarthy," said Colonel Marian McGovern of the Massachusetts State Police Department.

Massachusetts State Police say McCarthy has been suspended from the job. His next court hearing is Dec. 22.

(Copyright (c) 2011 Sunbeam Television. The Associated Press contributed to this report. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

He smelled of alcohol, there were three cans of beer observed in the motor vehicle, he refused to get out of the vehicle but simply drove away instead, yet no field sobriety test was given. And, the police are claiming that he wasn't treated any different than anyone else would have been treated.....yet, less than one week ago, a plain old ordinary citizen was executed by a mass state trooper for not getting out of the vehicle and attempting to drive away....

Yep, no double standard going on at all, right folks? Gee wizz, a plain old ordinary citizen would have at least been run through a field sobriety test. Or, worse case even executed on the spot!

He smelled of alcohol, there were three cans of beer observed in the motor vehicle, he refused to get out of the vehicle but simply drove away instead, yet no field sobriety test was given. And, the police are claiming that he wasn't treated any different than anyone else would have been treated.....yet, less than one week ago, a plain old ordinary citizen was executed by a mass state trooper for not getting out of the vehicle and attempting to drive away....Yep, no double standard going on at all, right folks? Gee wizz, a plain old ordinary citizen would have at least been run through a field sobriety test. Or, worse case even executed on the spot!

Well Darn, I guess you believe that after a suspect runs from the police and is finally apprehended, they should immediately be un-cuffed and allowed field sobriety testing. Right

<quoted text>Well Darn, I guess you believe that after a suspect runs from the police and is finally apprehended, they should immediately be un-cuffed and allowed field sobriety testing. Right

So what you are saying is that if all citizens who drink and drive get pulled over that they should just run away?

This is what Darn is pointing out to you. The guy in Worcester attempted to get away by backing away and was shot to death.

You will say that he already broke the law by stealing a car. Was it really stolen by this guy? Did he recieve a stolen car?

Drinking and driving can kill. It was reported that the state trooper was crossing lanes and had empty beer cans and heavy alcohol breath.

The officer called in sick. He was drinking and driving in a cruiser, he crossed lanes which is pretty much very drunk and dangerous to the public.

If everyone that drove in such a drunkin stupor and gets caught were to be given a deal that this statey recieved do you think that drinking and driving would get worse and more citizens and their families would die in accidents?

Not to mention that chances are high that along with being a drunken f-head out on the highway, he was also in possesion of a firearm while intoxicated. Which is an automatic loss of your license to carry for life...

So, not surprisingly, the police who finally caught up with this boob state trooper; extended him a little professional courtesy..after all, they would not want him to lose his driver license or his license to carry a firearm over a little tiny slight error in judgement...

Of course, if an ordinary citizen drives drunk; eludes the police and is also in possesion of a firearm; he/she must be prosecuted to the fullest extent of the law. And, if they lose their drivers's license, their job and their legal license to carry a firearm, by golly, they deserve it. They should have realized the consequences of their stupidity. But, a cop deserves special, different treatment. Simply because he is a cop.

This is ridiculous, not only should the trooper be charged with all of the above and lose his license, but the judge that let him off should lose their job too, cause someones sleeping with someone, or has them in their pocket. This is as corrupt as it gets folks....

This guy and many abuse the system. Think they are above everyone. He will do his time and be giving his hefty pension. Oh, wonder what his home life is. Cheating on his wife also. Hope she throws him out. And he will be treated for ptsd .

Yeah, this story paints the picture as clear as day: The police observe a vehicle weaving in traffic. The operator of the vehicle blasts off at a high speed. After he is finally stopped, the officer smells alcohol on the operator of the vehicle. And, there are three cans of beer in the vehicle. It all sounds like a slam dunk of another OUI arrest. But wait, the boob at the wheel just happens to be a Mass State Trooper; so no field sobriety test is given. Nor, is the blood alcohol test requested. How f-ing convenient! No OUI or DWI charges filed against this boozed up blueboy. And, to make matters worse, this f-up is in possession of a firearm WHILE INTOXICATED; which is cause for the loss of a license to carry for life.

Needless to say; this is a text book example of special treatment being given by the police to one of their own.

No wonder I feel so compelled to bring focus to the endless examples of cover ups and special treatment.....un f-ing real.....

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